U. S. Court of Appeals for the Eleventh Circuit

366 F.2d 34

No Court

COMPLAINT against Cagle's Inc., Brian Graves, Brandon Cryar, Anthony Ingram filed by Johnathan J. Mack-Mohammad. Status Review deadline is 1/27/2009 (Attachments: # 1 Exhibit - A, # 2 Exhibit - B)(tlf). (Entered: 01/25/2008)

2 Exhibit - A

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3 Exhibit - B

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MOTION for Leave to Proceed in forma pauperis filed by Johnathan J. Mack-Mohammad(tlf). (Entered: 01/25/2008)

REFERRED 2 MOTION for Leave to Proceed in forma pauperis to Judge Faircloth (tlf). (Entered: 01/25/2008)

CERTIFICATE OF SERVICE - I certify that on this date I have mailed by United States Postal Service a copy of 3 Order Referring 2 motion including any attachments filed with this document to all non-CM/ECF participants as indicated on the Notice of Electronic Filing. By Timothy L. Frost, Deputy Clerk (tlf).

ORDER granting 2 Motion for Leave to Proceed in forma pauperisOrdered by U.S. Mag. Judge G. Mallon Faircloth on 1/28/08 (GMF) (Entered: 01/28/2008)

CERTIFICATE OF SERVICE - I certify that on this date I have mailed by United States Postal Service a copy of 4 Order on Motion for Leave to Proceed in forma pauperis including any attachments filed with this document to all non-CM/ECF participants as indicated on the Notice of Electronic Filing. By Timothy L. Frost, Deputy Clerk (tlf).

USM285 Process Receipt and Return Issued for Cagle's Inc. (tlf). (Entered: 01/29/2008)

USM285 Process Receipt and Return Issued for Brian Graves (tlf). (Entered: 01/29/2008)

USM285 Process Receipt and Return Issued for Brandon Cryar (tlf). (Entered: 01/29/2008)

USM285 Process Receipt and Return Issued for Anthony Ingram (tlf). (Entered: 01/29/2008)

NOTICE of Change of Address of Defendants by Johnathan J. Mack-Mohammad (tlf). (Entered: 03/12/2008)

USM285 Process Receipt and Return re-issued for Cagle's Inc. (tlf). (Additional attachment(s) added on 12/10/2008: # 1 Notice/Waiver Mailed by USMS on 3/17/08) (esl). (Entered: 03/14/2008)

USM285 Process Receipt and Return re-issued for Brandon Cryar (tlf). (Additional attachment(s) added on 12/10/2008: # 1 Notice/Waiver mailed by USMS 3/17/08) (esl). (Entered: 03/14/2008)

USM285 Process Receipt and Return re-issued for Brian Graves (tlf). (Entered: 03/14/2008)

USM285 Process Receipt and Return re-issued for Anthony Ingram (tlf). (Entered: 03/14/2008)

USM285 Forms issued 1/29/08 returned unexecuted - (tlf). (Entered: 03/18/2008)

USM285 Process Receipt and Return Unexecuted for Brian Graves (tlf). (Entered: 03/24/2008)

USM285 Process Receipt and Return Unexecuted for Anthony Ingram (tlf). (Entered: 03/24/2008)

USM285 Process Receipt and Return Re-Issued for Cagle's Inc., and Brandon Cryar. Pursuant to the Standing Order dated 1/30/2001, personal service is hereby requested on these named defendants. (Attachments: # 1 Cryar 285)(esl) (Entered: 12/04/2008)

Summons Issued as to Cagle's Inc. on 12/4/2008; Brandon Cryar on 12/4/2008. (Attachments: # 1 Cryar summons)(esl) (Entered: 12/04/2008)

USM285 Process Receipt and Return - Personal Service Executed for Anthony Ingram. (esl) (Entered: 12/10/2008)

USM285 Process Receipt and Return - Personal Service unexecuted - address not valid for Brian Graves. (esl) (Entered: 12/10/2008)

MOTION to Dismiss Complaint re 1 Complaint : by Anthony Ingram filed by Paul Oliver.(Oliver, Paul) (Entered: 12/11/2008)

MOTION to Dismiss Complaint re 1 Complaint : by Brandon Cryar filed by Paul Oliver.(Oliver, Paul) (Entered: 12/11/2008)

MOTION to Dismiss Complaint re 1 Complaint : by Cagle's Inc. filed by Paul Oliver.(Oliver, Paul) (Entered: 12/11/2008)

USM285 Process Receipt and Return executed for Brandon Cryar (tlf). (Entered: 12/15/2008)

RULES 16/26 ORDER: Proposed Scheduling/Discovery order due by 1/30/2009. Ordered by Judge Clay D. Land on 12/16/2008. (pgs) (Entered: 12/16/2008)

RESPONSE filed by Johnathan J Mack-Muhammed to 21 MOTION to Dismiss, 22 MOTION to Dismiss, and 23 MOTION to Dismiss (tlf). (Entered: 12/17/2008)

SUMMONS Returned Executed as to Cagle's Inc. (tlf). (Entered: 12/24/2008)

Arbitration Referral Letter sent 12/29/2008 Arbitration Opt Out Letter due by 1/21/2009}.(trh) (Entered: 12/29/2008)

This is a text only entry; no document issued. ORDER denying 21 Motion to Dismiss Complaint; denying 22 Motion to Dismiss Complaint; denying 23 Motion to Dismiss Complaint. Defendants seek to have Plaintiff's complaint dismissed without prejudice because of untimely service. Since the Court finds that the untimely service was not due to Plaintiff's lack of diligence, the Court denies these motions to dismiss. The Court permitted Plaintiff to file his complaint in forma pauperis. Thus, the Court undertook steps to have the complaint served by forwarding it to the Marshal's Service. It appears that the Marshal sent the Complaint to Defendants requesting waiver of service pursuant to applicable law. Defendants apparently refused to waive service for some reason. After this refusal to waive service, there was a delay in making sure service was made personally. The Clerk's office ultimately informed the Marshal that personal service was necessary which was subsequently accomplished. Defendants' motions to dismiss lack merit and are denied. Ordered by Judge Clay D. Land on January 16, 2009 (CDL)

ANSWER to 1 Complaint by Cagle's Inc..(Oliver, Paul) (Entered: 01/26/2009)

ANSWER to 1 Complaint by Brandon Cryar.(Oliver, Paul) (Entered: 01/26/2009)

ANSWER to 1 Complaint by Anthony Ingram.(Oliver, Paul) (Entered: 01/26/2009)

Corporate Disclosure Statement by Cagle's Inc. (Oliver, Paul) (Entered: 01/26/2009)

Notice of Error in Filing (related document(s): 32 Corporate Disclosure Statement filed by Cagle's Inc.) (tlf). (Entered: 01/27/2009)

RULES 16/26 ORDER: Proposed Scheduling/Discovery order due by 3/23/2009. Ordered by Judge Clay D. Land on 2/5/2009. (pgs) (Entered: 02/05/2009)

Corporate Disclosure Statement by Cagle's Inc. identifying Corporate Parent Cagle's, Inc., Other Affiliate Cagle Farms, Inc., Other Affiliate Cagle Foods JV, LLC, Other Affiliate Equity Group-Georgia Division, LLC for Cagle's Inc.. (Jennings, Kathleen) (Entered: 02/11/2009)

MOTION for Leave to File Unilaterally File Proposed Rules 16 and 26 Scheduling Order by Cagle's Inc., Brian Graves, Brandon Cryar, Anthony Ingram filed by Kathleen J. Jennings.(Jennings, Kathleen) (Entered: 03/18/2009)

This is a text only entry; no document issued. ORDER granting 36 Motion for Leave to File Defendant's proposed discovery/scheduling order. Ordered by Judge Clay D. Land on 3/20/2009 (pgs)

Proposed Scheduling/Discovery Order Received (tlf).

RULE 26(a)(3) DISCLOSURE by Cagle's Inc., Brian Graves, Brandon Cryar, Anthony Ingram.(Jennings, Kathleen) (Entered: 03/24/2009)

Notice of Error in Filing (related document(s): 37 Rule 26(a)(3) Disclosure filed by Brandon Cryar, Cagle's Inc., Anthony Ingram, Brian Graves ) (tlf). (Entered: 03/24/2009)

CERTIFICATE OF SERVICE I certify that on this date I have mailed by United States Postal Service a copy of including any attachments filed with this document to all non CM/ECF participants as indicated on the Notice of Electronic Filing. (Jennings, Kathleen) (Entered: 03/25/2009)

CERTIFICATE OF SERVICE I certify that on this date I have mailed by United States Postal Service a copy of including any attachments filed with this document to all non CM/ECF participants as indicated on the Notice of Electronic Filing. (Jennings, Kathleen) (Entered: 03/25/2009)

SCHEDULING/DISCOVERY ORDER: Discovery to be complete by 7/26/2009. Dispositive Motions due by 8/26/2009. Ordered by Judge Clay D. Land on 3/25/09. (tls) (Entered: 03/26/2009)

Notice of Error in Filing (related document(s): 40 Certificate of Service, filed by Brandon Cryar, Cagle's Inc., Anthony Ingram, Brian Graves, 41 Scheduling/Discovery Order) (tlf). (Entered: 03/26/2009)

Arbitration Hearing Scheduled for May 13, 2009 (hrm) (Entered: 04/03/2009)

Plaintiff's Proposed Scheduling/Discovery Order Received (tlf).

MOTION for Extension of Time to File to respond request for production of documents filed by Jonathan J Mack-Muhammad(tlf). (Entered: 04/28/2009)

Arbitration Hearing held on 5/13/2009 (hrm)

This is a text only entry; no document issued. ORDER granting 44 Motion for Extension of Time. Plaintiff's unopposed motion for 30 day extension to respond to requests for production is granted. Plaintiff shall serve his responses within 30 days of the date that those responses are otherwise due. Ordered by Judge Clay D. Land on 5/26/2009 (pgs)

ARBITRATION AWARD (SEALED) (Attachments: # 1 Certificate of Service, # 2 Notice)(hrm) (Entered: 05/29/2009)

REQUEST for Trial De Novo by Jonathan J MackMuhammad (tlf). (Entered: 06/02/2009)

MOTION issuance of subpoenas filed by Jonathan J MackMuhammad(tlf). (Entered: 06/02/2009)

MOTION for funds to Order arbitration hearing transcript filed by Jonathan J MackMuhammad(tlf). (Entered: 06/29/2009)

MOTION for Extension of Time to Complete Discovery by Cagle's Inc., Brian Graves, Brandon Cryar, Anthony Ingram filed by Kathleen J. Jennings.(Jennings, Kathleen) (Entered: 07/28/2009)

This is a text only entry; no document issued. ORDER granting 49 Motion for Extension of Time to Complete Discovery. Discovery extended through 8/5/2009 and dispositive motions deadline extended through 9/8/2009. Ordered by Judge Clay D. Land on 7/29/2009 (pgs)

RESPONSE filed by Cagle's Inc., Brian Graves, Brandon Cryar, Anthony Ingram re 47 MOTION issuance of subpoenas (Jennings, Kathleen) (Entered: 08/07/2009)

This is a text only entry; no document issued. ORDER denying 47 Motion for issuance of subpoenas. Plaintiff's request is premature and is denied. After deciding all dispositive motions, the Court will schedule a pretrial conference at which time the case will be set down for trial if the dispositive motions are denied. At that time, the parties will be required to list their witnesses and subpoenas can be issued.Ordered by Judge Clay D. Land on August 10, 2009 (CDL)

REFERRED 48 MOTION for funds to Order arbitration hearing transcript to U.S. Magistrate Judge G. Mallon Faircloth (tlf).

This is a text only entry; no document issued. ORDER finding as moot 48 Motion for copy of arbitration hearing transcript. There was no court reporter present at the arbitration hearing, nor recording of the proceedings made. Thus, there is nothing to transcribe. Ordered by U.S. Mag. Judge G. Mallon Faircloth on 8/10/2009 (GMF)

MOTION for Extension of Time to File File Dispositive Motions. by Cagle's Inc., Brian Graves, Brandon Cryar, Anthony Ingram filed by Kathleen J. Jennings.(Jennings, Kathleen) (Entered: 09/02/2009)

This is a text only entry; no document issued. ORDER granting 51 Motion for Extension of Time within which to file dispositive motions. Dispositive motions deadline is extended through 9/22/2009. Ordered by Judge Clay D. Land on 9/3/2009 (pgs)

MOTION for Leave to File Excess Pages for Defendant's Memorandum in Support of Their Motion for Summary Judgment by Cagle's Inc., Brian Graves, Brandon Cryar, Anthony Ingram filed by Kathleen J. Jennings.(Jennings, Kathleen) (Entered: 09/18/2009)

This is a text only entry; no document issued. ORDER granting 52 Motion for Leave to File Excess Pages. Defendants' brief in support of its motion for summary judgment shall not exceed 26 pages. Ordered by Judge Clay D. Land on 9/21/2009 (pgs)

MOTION for Summary Judgment by Cagle's Inc., Brian Graves, Brandon Cryar, Anthony Ingram filed by Kathleen J. Jennings. (Attachments: # 1 Memorandum in Support, # 2 Appendix, # 3 Exhibit A - Graves Declaration, # 4 Exhibit B - Arbitration Transcript Pages, # 5 Exhibit C - Mack Deposition Transcript Pages, # 6 Exhibit D - Unpublished Case Decisions)(Jennings, Kathleen) (Entered: 09/22/2009)

Statement of Material Facts filed by Cagle's Inc., Brian Graves, Brandon Cryar, Anthony Ingram re 53 MOTION for Summary Judgment (Jennings, Kathleen) (Entered: 09/22/2009)

MOTION to Seal Document(s) 53 MOTION for Summary Judgment by Cagle's Inc., Brian Graves, Brandon Cryar, Anthony Ingram filed by Kathleen J. Jennings.(Jennings, Kathleen) (Entered: 09/23/2009)

Certification of Need to File Discovery by Cagle's Inc., Brandon Cryar, Anthony Ingram(tlf). (Entered: 09/24/2009)

DEPOSITION of Jonathan J. Mack-Muhammed taken on August 5, 2009 filed by Cagle's Inc., Brandon Cryar, Anthony Ingram(tlf). (Entered: 09/24/2009)

RESPONSE filed by Jonathan J MackMuhammad re 53 MOTION for Summary Judgment (tlf). (Entered: 10/26/2009)

Reset Reply Deadline as to 53 MOTION for Summary Judgment (tlf).

ORDER advising Plaintiff of the significance of Defendants' Motion for Summary Judgment 53 . Ordered by Judge Clay D. Land on 10/27/2009. (CGC) (Entered: 10/27/2009)

RESPONSE filed by Jonathan J MackMuhammad re 53 MOTION for Summary Judgment (Attachments: # 1 Exhibits)(tlf). (Entered: 10/29/2009)

REPLY to Response filed by Cagle's Inc., Brian Graves, Brandon Cryar, Anthony Ingram re 53 MOTION for Summary Judgment (Jennings, Kathleen) (Entered: 11/13/2009)

EXHIBIT(S) Arbitration Hearing Transcript Page 1 by Cagle's Inc., Brian Graves, Brandon Cryar, Anthony Ingram re 53 MOTION for Summary Judgment (Jennings, Kathleen) (Entered: 12/17/2009)

ORDER granting 53 Motion for Summary Judgment. Ordered by Judge Clay D. Land on 01/04/2010. (CGC) (Entered: 01/04/2010)

JUDGMENT (tlf). (Entered: 01/04/2010)

BILL OF COSTS by Cagle's Inc., Brian Graves, Brandon Cryar, Anthony Ingram (Attachments: # 1 Itemization of Costs, # 2 Arbitration Transcript Invoice, # 3 Jonathan Mack-Muhammed Deposition Transcript Invoice)(Jennings, Kathleen) (Entered: 01/13/2010)

NOTICE OF APPEAL as to 64 Judgment by Jonathan J. MackMuhammad (tlf). (Entered: 01/19/2010)

TRANSCRIPT INFORMATION FORM by Jonathan J MackMuhammad re 66 Notice of Appeal. NO TRANSCRIPTS ORDERED (tlf). (Entered: 01/19/2010)

Letter of Transmittal re 66 Notice of Appeal. Certified Copy of Notice of Appeal, Docket Sheet, Order and Judgment mailed to USCA. NOTICE: A Civil Appeal Statement must be filed with the Court of Appeals. A copy of this form may be obtained from the District Clerk's Office or the district court internet site (www.gamd.uscourts.gov) (tlf). (Entered: 01/19/2010)

USCA Case Number re 66 Notice of Appeal filed by Jonathan J MackMuhammad (tlf). (Entered: 01/26/2010)

Certificate of Readiness of Record on Appeal forwarded to USCA re 66 Notice of Appeal (Attachments: # 1 Appeal Docket Sheet)(tlf). (Entered: 02/02/2010)

TAXATION OF COSTS in the amount of $2,495.20 against Plaintiff (tls) (Entered: 02/16/2010)

USCA Appellate JUDGMENT affirming district court as to 66 Notice of Appeal filed by Jonathan J MackMuhammad (Attachments: # 1 Opinion)(tlf). (Entered: 08/13/2010)

Appeal Record Returned (tlf). (Entered: 08/13/2010)

NOTICE TO COUNSEL: This case has been closed, therefore deposition transcripts filed in paper form in this case, with the exception of those filed by court reporters or any other transcripts filed electronically, will be destroyed unless the filer(s) of those documents makes arrangements with the Clerk's Office to retrieve them within 14 days from the date of this notice (tlf).